Adult Guardianship and Conservatorship Petition Requirements in California

At a glance

Requirements one by one

Proceeding and state terminology

California calls the ordinary adult case a probate conservatorship, not an adult guardianship. The court may appoint a conservator of the person, the estate, or both under § 1800.3(a). The two forms answer different questions: personal care under § 1801(a), and financial management or resistance to fraud or undue influence under § 1801(b). Limited conservatorships for adults with developmental disabilities and Lanterman-Petris-Short mental-health conservatorships are separate proceedings outside this page's scope.

Who may file and where

Section 1820(a) permits the proposed conservatee, spouse or domestic partner, a relative, an interested state or local agency or official, or "[a]ny other interested person or friend" to file. A creditor does not get independent standing merely by being owed money: § 1820(c) permits a creditor-petitioner only when the creditor also falls within the spouse/partner, relative, or government category.

For a California resident, § 2201 permits filing in the county where the adult resides or another county the court finds is in the adult's best interests.

What the petition must contain

Section 1821 requires the petition to identify the proposed conservator and proposed conservatee, request a conservator of the person, estate, or both, and state why conservatorship is necessary. The separate confidential supplement must supply facts about personal-needs limitations, residence, recent services, financial-management limitations, and alternatives considered or tried. When someone other than the adult files, a due-diligence declaration must also report the adult's preferences about whether a conservator should be appointed and who should serve, or explain why those preferences could not be learned.

Proof required for appointment

The court must apply separate functional tests. For a conservator of the person, § 1801(a) asks whether the adult is "unable to provide properly" for physical health, food, clothing, or shelter. For a conservator of the estate, § 1801(b) asks whether the adult is "substantially unable" to manage financial resources or resist fraud or undue influence. The statute expressly says isolated negligence or improvidence alone cannot prove the financial test. Section 1801(e) sets the burden for appointment at clear and convincing evidence.

Alternatives the court must address

This is both a filing requirement and a merits requirement. Section 1821(a)(1)(C) requires facts about alternatives considered, why they are unsuitable, and any alternatives actually tried. Its examples include supported decision-making, powers of attorney, advance health care directives, and designation of a health care surrogate.

The court then must make an express finding under § 1800.3(b) that the conservatorship is "the least restrictive alternative needed for the protection of the conservatee." In making that decision, § 1800.3(c) requires consideration of the adult's abilities and capacities with current and possible supports.

Notice, service, and hearing timing

The adult receives a citation and the petition at least 15 days before the hearing under § 1824. Separately, § 1822 requires at least 15 days' notice of the hearing, accompanied by the petition, to the spouse or registered domestic partner and the relatives listed in the petition. The court may not shorten the § 1822 period.

Counsel and hearing rights

If the adult is not represented and does not plan to retain counsel, § 1471(a) requires the court to appoint the public defender or private counsel at or before the hearing. The citation must explain that the adult may appear, oppose the petition, choose counsel, receive appointed counsel, and request a jury under § 1823. Section 1827 confirms that a jury trial is available when the proposed conservatee demands it.

Section 1825 ordinarily requires the adult to be produced at the hearing. The exceptions are narrow: the adult was served while outside California; a qualified medical affidavit or certificate establishes inability to attend; or the investigator reports an express decision not to attend, no wish to contest, and no objection to the proposed conservator, and the court excuses attendance. That medical evidence concerns attendance only and "shall not be considered" as proof that conservatorship itself is needed.

Medical evidence or court evaluator

California's general statute centers the court investigator rather than a single mandatory physician certificate attached to every petition. Under § 1826(a), the investigator personally interviews the adult, petitioners, proposed conservators, and specified relatives; explains the proceeding and rights; reviews the functional allegations and relevant medical reports; asks about opposition, counsel, attendance, and the proposed appointee; and reports in writing at least five days before the hearing. The report also goes to the adult, the lawyers, and specified close relatives unless the court finds delivery would harm the adult.

Limits on the order

The order cannot be justified merely because assistance would be useful. Section 1800.3 requires an express least-restrictive-alternative finding before the court may grant a conservatorship of the person or estate, and requires the judge to consider what the adult can do with supports.

Temporary conservatorship is a separate route under § 2250. It may be requested only on or after the general petition is filed, requires facts establishing good cause, and serves only pending the court's final determination of the general petition. Its shorter notice and interim powers should not be substituted for the ordinary rules summarized above.

What trips people up

A diagnosis is not the legal test. The statute asks what the adult can actually do in the personal or financial domain, applies a clear-and-convincing burden, and forbids proving financial incapacity solely with isolated negligent or improvident incidents.

The petition has to do more than say that help is needed. The confidential supplement must address concrete functional facts and alternatives, including what was tried and why it failed. The judge must then independently make the least-restrictive finding.

There are two 15-day procedural duties. The adult must receive the citation and petition under § 1824, while the spouse/partner and listed relatives receive the hearing notice and petition under § 1822. Completing one track does not replace the other.

Common questions

Can the adult choose a particular court-appointed lawyer? Yes, subject to conflict and advocacy limits. Section 1471(c) says the court shall allow the adult's preferred attorney even if that lawyer is not on the court's appointment list, so long as the lawyer can provide zealous advocacy and has no conflict.

Who may see the confidential supplemental information? Section 1821(a)(5) limits it to parties, noticed people who request it or appear, their attorneys, and the court, unless the court releases it to someone else because doing so would serve the conservatee's interests.

Statutes and sources

• Cal. Prob. Code § 1800.3 — least-restrictive-alternative finding and current or possible supports. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1800.3. (accessed 2026-07-18)
• Cal. Prob. Code § 1801 — separate personal and estate standards and the clear- and-convincing burden. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1801. (accessed 2026-07-18)
• Cal. Prob. Code § 1820 — who may petition and the creditor limitation. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1820. (accessed 2026-07-18)
• Cal. Prob. Code § 2201 — venue for a California resident. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=2201. (accessed 2026-07-18)
• Cal. Prob. Code § 1821 — petition, confidential supplement, relatives, due diligence, preferences, and alternatives. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1821. (accessed 2026-07-18)
• Cal. Prob. Code § 1822 — 15-day family notice and petition delivery. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1822. (accessed 2026-07-18)
• Cal. Prob. Code § 1824 — service of citation and petition on the adult. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1824. (accessed 2026-07-18)
• Cal. Prob. Code § 1471 — mandatory appointed counsel and preferred counsel. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1471. (accessed 2026-07-18)
• Cal. Prob. Code § 1823 — rights stated in the citation. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1823. (accessed 2026-07-18)
• Cal. Prob. Code § 1825 — attendance and statutory absence grounds. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1825. (accessed 2026-07-18)
• Cal. Prob. Code § 1826 — mandatory court investigation and prehearing report. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1826. (accessed 2026-07-18)
• Cal. Prob. Code § 1827 — civil-trial procedure and jury demand. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1827. (accessed 2026-07-18)
• Cal. Prob. Code § 2250 — separate temporary-conservatorship petition and good- cause standard. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=2250. (accessed 2026-07-18)